Research of artificial intelligence as a subject of crime

Abstract

The paper focuses on the prospects of recognizing artificial intelligence as a subject of crime and the presence of artificial intelligence as Mens Rea and Actus Reus. The paper aims to do the following: (1) study the international experience of the criminal justice response to crimes committed with the use of artificial intelligence based on the systematic and comparative analysis, and (2) answer the question of the possibility of recognizing artificial intelligence as a subject of crime. The research is based on a wide range of international sources and data from international organizations, national legislation, and scientific literature. Within the study, we have used the following research methods: historical, comparative, formal-legal, and functional methods, and a systematic approach. As a result, we have found that artificial intelligence has the ability to implement all three components of guilt: act, direct causal link, and occurrence of socially dangerous consequences. Consequently, we have concluded about the possible definition of artificial intelligence as a special subject of crime. Therefore, we have proposed considering some of its fundamental properties as possible criminological prerequisites for recognizing artificial intelligence as a special subject of crime.